Somerville v Passfield [2021] NSWLEC 1137

Land and Environment Court New South Wales

Medium Neutral Citation: Somerville v Passfield [2021] NSWLEC 1137 Hearing dates: 10 March 2021 Date of orders: 10 March 2021 Decision date: 10 March 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The Pt 2A application is refused. (2) The Pt 2 application is granted to the extent of the orders below. (3) Within 30 days of the date of these orders the applicant is to engage and pay for a suitably qualified arborist (minimum AQF level 3), with all appropriate insurances, to prune the tree as follows (and see photos in Annexure A): (a) Remove low branches within 2 metres of the roofs of both the applicant's dwelling and the respondent's dwelling, pruning to branch collars or reducing to suitable lateral branches; (b) Prune branch stubs remaining from previous pruning back to branch collars. (4) The pruning works are to be done in accordance with AS 4373 'Pruning of amenity trees' and the 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work'. (5) The applicant is to give the respondent at least 7 days' notice of the works by letter placed under the respondent's front door. (6) The respondent is to allow any access necessary for the works to be completed. (7) The exhibits are returned, except for Exhibits A, B and C. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Part 2A application – Part 2A only applies to two or more trees planted to form a hedge – Part 2A application refused – Part 2 application – damage to property – nuisance – minor damage likely – past pruning – orders for pruning at applicant's expense Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12; Pt 2A, ss 14A, 14B Texts Cited: AS 4373–2007 'Pruning of amenity trees' Inner West Council, Tree Management Development Control Plan (2020) Safe Work Australia, 'Guide to managing risks of tree trimming and removal work' (2016) Category: Principal judgment Parties: Lindsay Somerville (Applicant) Allan Charles Passfield (Respondent) Representation: L Somerville (Litigant in Person) (Applicant) A Passfield (Litigant in Person) (Respondent) File Number(s): 2020/333779 Publication restriction: No